Counsel Compliance

Executive Director, Law School Institutional Advancement

Payment Card Industry Data Security Standard
Summary: Effective June 30th, 2005 VISA and Master Card put into effect a data security standard for any organization that processes credit card transactions accepting their card brand. Currently this program has expanded to include all major credit card brands. The credit card companies require that all members, service providers and merchants who store, process, or transmit cardholder data remain compliant with the PCI Standard.

Responsibility: Work with the Information Security Officer to ensure that all credit card transactions meet the CUA Information Assurance Policy and the necessary level of PCI compliance.

Family Educational Rights to Privacy Act of 1974 (FERPA)

Summary of the Law:
Regulates the keeping and dissemination of student records at all institutions that receive federal funds or    who have students receiving federal funds. Procedures must be in place to allow a student access to student records. Consent must be obtained to release student records to a third party, with certain exceptions contained in the law.

Responsibilties: Ensure compliance with FERPA. Education Records does not include information about a student after he or she is no longer in attendance at the university and which do not relate to the person as a student.

Resources:

FERPA Q and A

Higher Education and PCI Compliance: Definitions, Challenges, and Actions (2006)

PCI Compliance for Higher Education: Best Practices Checklist

PCI audit procedures

E-Commerce and the Cardholder Information Security Program (CISP)
This Educause Effective Practice Detail provides basic information important for universities that sell products or services online and collect fees via credit card. The approach is meant to help institutions of higher education get started in assessing their responsibilities with regard to cardholder data that they may process or otherwise come in contact with, and help institutions determine whether there are regulatory obligations, what those obligations are, and some steps to take to help meet those obligations.

NCSU PCI Compliance Summary

Ethics in Government Act of 1978 (amended by the Ethics Reform Act of 1989 and the Honest Leadership and Open Government Act of 2007

A private university that does not employee a lobbyist is subject to the following restrictions:

Gifts

The University may provide a gift, which includes anything of monetary value, such as a meal to a member of Congress or a staffer, if the gift’s value is less than $50. For each member and staffer, there is an annual gift maximum of $99.99, but gifts valued at less then $10 do not count toward the limit. Cash gifts or equivalents (e.g. gift cards) are prohibited.

Events
Free attendance for members of Congress or staffers to events sponsored by the university is allowed. The school may pay admission fees, including food costs, for a member of Congress or his/her staff to attend a convention, dinner or the like if the event is related to his/her Congressional duties; at least 25 people (other than members of Congress, staff and their family) are expected to attend the event and the event is open to members of the public, to those in a given industry or profession or to a range of persons interested in the subject matter. The invitation must come directly from the school.

The school may pay the fees for the member of Congress or staff to attend for free most fundraising events, as long as their attendance is on the same terms as others attending the event. This means that a member of Congress could not attend for free a VIP dinner that follows a charity reception.

Members of Congress or staffers may be invited to a business meeting or small reception that has no admission fee. The food served at such an event can only be of nominal value.

Free tickets to sporting events with a face value of less than $50 may be provided as long as the annual $99.99 gift maximum for the staffer or member of Congress will not be exceeded.

Trips
Members of Congress or staffers may be invited on privately sponsored travel but the House Committee or the Senate Select Committee on Ethics must pre-approve any sponsored travel. See www.house.gov/ethics for House certification forms and ethics.senate.gov for Senate forms. Reimbursement for necessary travel, lodging and related expenses is permissible.

For more on the law see the ACE memo titled What do the New Rules on Lobbying Congress Signify for Colleges and Universities?

The Law School Director of Institutional Advancement is responsible for assuring that the rules set forth in the above law are followed in all law school contacts with members of Congress or their staff. This would include training on the law where needed.

Last Revised 16-Mar-09 11:31 AM.